COPYRIGHT ORDINANCE PART II—DIVISION II 2-46 Section 26 Cap. 528 for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage. (3) The expression “rental” (租賃) does not include— (a) making available for the purpose of public performance, playing or showing in public, broadcasting or inclusion in a cable programme service; (b) making available for the purpose of exhibition in public; or (c) making available for on-the-spot reference use. (4) References in this Part to the rental of copies of a work include the rental of the original. [cf. 1988 c. 48 s. 18A U.K.] 26. Infringement by making available of copies to the public (1) The making available of copies of the work to the public is an act restricted by copyright in every description of copyright work. (2) References in this Part to the making available of copies of a work to the public are to the making available of copies of the work, by wire or wireless means, in such a way that members of the public in Hong Kong or elsewhere may access the work from a place and at a time individually chosen by them (such as the making available of copies of works through the service commonly known as the INTERNET). (3) References in this Part to the making available of copies of a work to the public include the making available of the original. (4) The mere provision of physical facilities for enabling the making available of copies of works to the public does not of itself constitute an act of making available of copies of works to the public. Last updated date 3.3.2014